Biden blocked the first Black woman from the Supreme Court
S E E D E D C O N T E N T
President Biden wants credit for nominating the first Black woman to the Supreme Court. But here is the shameful irony: As a senator, Biden warned President George W. Bush that if he nominated the first Black woman to serve on the Supreme Court, he would filibuster and kill her nomination.
The story begins in 2003, when Bush nominated Judge Janice Rogers Brown to serve on the U.S. Court of Appeals for the District of Columbia Circuit. The D.C. Circuit is considered the country’s second-most important court, and has produced more Supreme Court justices than any other federal court. Brown was immediately hailed as a potential Supreme Court nominee. She was highly qualified, having served for seven years as an associate justice of the California Supreme Court — the first Black woman to do so. She was the daughter and granddaughter of sharecroppers , and grew up in rural Alabama during the dark days of segregation, when her family refused to enter restaurants or theaters with separate entrances for Black customers. She rose from poverty and put herself through college and UCLA law school as a working single mother . She was a self-made African American legal star. But she was an outspoken conservative — so Biden set out to destroy her.
Biden and his fellow Democrats filibustered her nomination, along with several other Bush circuit court nominees, all of whom had majority support in the Senate. Columnist Robert Novak called it “the first full-scale effort in American history to prevent a president from picking the federal judges he wants.” Democrats argued that she was out of the legal mainstream, but Republicans responded that she had written more majority opinions than any other justice on the California Supreme Court — and she was reelected with 76 percent of the vote, the highest percentage of all the justices on the ballot.
When Democrats derailed her nomination, Bush renominated her in 2005. Brown was eventually confirmed by a vote of 56 to 43 — after Democrats released her and several other Bush nominees in exchange for Republican agreement not to eliminate the filibuster for judicial nominations. Biden voted a second time against her nomination. He never explained why, if Brown was so radical, Democrats let her through but killed 10 other Bush nominees.
The following month, when Justice Sandra Day O’Connor announced her retirement, Brown was on Bush’s shortlist to replace her. She would have been the first Black woman ever nominated to serve as an associate justice of the Supreme Court. But Biden appeared on CBS’s “Face the Nation” to warn that if Bush nominated Brown, she would face a filibuster. “I can assure you that would be a very, very, very difficult fight and she probably would be filibustered,” Biden said. Asked by moderator John Roberts “Wasn’t she just confirmed?,” Biden replied that the Supreme Court is a “totally different ballgame” because “a circuit court judge is bound by stare decisis. They don’t get to make new law.”
What Biden threatened was unprecedented. There has never been a successful filibuster of a nominee for associate justice in the history of the republic. Biden wanted to make a Black woman the first in history to have her nomination killed by filibuster. Bush eventually nominated Samuel A. Alito Jr.
Today, Biden calls the filibuster a “relic of the Jim Crow era.” But he threatened to use that relic as a tool to keep a Black woman who actually lived under Jim Crow off the highest court in the land. The irony is that now he wants to get rid of the filibuster, and claim credit for putting the first Black woman on the court.
There were many conservatives on Bush’s shortlist whose legal philosophy Biden opposed. But Biden only promised to filibuster the one Black woman. Why? Perhaps a clue lies in another confirmation fight that Biden helped wage. In 2001, Democrats blocked the nomination of Miguel Estrada to serve on the U.S. Court of Appeals for the D.C. Circuit. According to internal strategy memos obtained by the Wall Street Journal, they targeted Estrada at the request of liberal interest groups who said Estrada was “especially dangerous” because “he is Latino, and the White House seems to be grooming him for a Supreme Court appointment.” They did not want Republicans to put the first Hispanic on the Supreme Court. So, Biden and his fellow Democrats killed Estrada’s nomination — the first appeals court nominee in history to be successfully filibustered . It paid off when President Barack Obama nominated Sonia Sotomayor as the first Hispanic justice.
Democrats’ commitment to diversity is a ruse. Biden was willing to destroy the careers of an accomplished Latino lawyer and a respected Black female judge, and stop Republicans from putting either on the Supreme Court. For Democrats, it’s all about identity politics. Indeed, Biden might not have become president had he not made the pledge to nominate a Black woman. That promise helped secure the endorsement of Rep. James E. Clyburn (D-S.C.) — which won Biden the South Carolina primary and rescued his faltering campaign.
So, when Biden tries to bask in the glory of his historic nomination, remember Janice Rogers Brown — the Black woman who does not sit on the Supreme Court today because of Biden’s disgraceful obstruction.
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In a world of 24 hour news cycles where the Democratic Leader of the Senate doesn't even know that Thurgood Marshall served on the Supreme Court, the past is quickly forgotten. So sometimes it's useful to look at what what happened and remember just what a hypocrite Joe Biden is.
Less than 2 decades ago Biden strove to keep minorities off the Federal Bench to keep them from being considered for Supreme Court.
Hypocrite? Or, in the words of Barack Obama, "the first black president," who qualified Joe Biden as his Vice-President: Change has come to 'Biden'! Coming full-circle is a beautiful thing, eh?
The issue, for some conservatives, I daresay is this: Never getting past stuck on stupid. That is, trying to push squares into small circular shapes. (Instead of accepting the squares for who and what they are at long as it is peacefully dwelling in the country).
That Biden is still a hypocritical POS? I guess that is full circle, of course he has been a hypocritical POS at all times around the circle, so who can tell where it begins and ends.
Problem with the left, is that anyone with a D behind their name gets a full on pass- no matter what they have done.
I am SURPRISED that you (and others of like mind) can support such a statement bereft of truth. I am not part of some collective or blockchain or group think. Some conservatives however see their power as being in lock-step, yes LOCKSTEP with Donald J. Trump (who lost several red states and toss-up states he won in 2017).
But it's okay. My expectations for some conservatives are sub-par now. That is, Ronin2, I fully realize you specifically are not here to have a discussion about facts, agreement, empathy, or any such thing.
What this space represents for some conservatives is a 'free for all bash zone." As a result, some conservatives can be shameless, disagreeable, repugnant, and even vulgar.
I'm pretty sure that the "nuh uh" crowd will jump all over this with their normal bullshit in the hopes to drown it so that nobody will realize the real train wreck they put in the WH.
You will never convince his followers of this however.
I don't have the time or the crayons to explain it to them.
And, oh look, the "nuh uh" people showed up.
Lets go Brandon truly is a disaster every day. One screw up after another.
And so many have their head so far up their 4th point of contact to see it.
This is very interesting and should be brought up in Senate confirmation hearings
As well as every comment he's made against blacks.
I am not at all sure what the circumstances were in those cases, and surely Joe Biden has a 'mixed bag' standing in D.C. (I was surprised Barack Obama chose him as VP candidate.) But, the saying goes, "Politics makes strange bedfellows." And redemption "has come to Biden." But, damn these stories in Washington, D.C. do not die do they? At the end of the day, we have no choice but to be grateful for change when it comes to a leader. Any leader. (That would include Sinema, Manchin, McConnell, and Trump - all appearing to be on the wrong side of history.)
But what are we anyway? Just 'students' of the political processes afoot in our world today!
So you are actually telling me that disparaging blacks PUBLICALLY is the right side of history? You do realize the "history" you are supporting is the side of it that gave us slavery, Jim Crowe laws, throw back Nazi era tactics (must show papers and ID to go to the store) and the KKK don't you?
I think you need to re-evaluate what you are calling the "right side of history".
I am not TELLING YOU ANYTHING of the sort, basically because though I may vaguely remember that woman coming up for a hearing I do not remember what Biden 'hit' her for. And I don't have the time right now to investigate. May be you can provide footage or accounting to what his chief issue with her was.
Anyway, my point is PEOPLE CHANGE. Moreover, that change is what we wish for in people. For that matter, I don't hate, dislike, or even disapprove of our White MAJORITY simply because of what they allowed themselves to participate in in the past! Why? Because the White MAJORITY changed and begin to institute diversity policies that make like better in the PRESENT.
So Jeremy, do not even try to look at me askance, because I will be forced to question your motive outright. If all you know of me after reading me around these parts is to try to question my devotion to proper causes and effects for people of color or my openness to SIT WITH WHITES HERE and in the real world (you can't see that) on a daily basis then what are we doing here? Really.
As for those politicians I mention as appearing to be on the wrong side of history, sometimes strange things happen in the back and forth in Washington D.C. Why? Because there is 24/7 'talkathons' coming on in that 'well-house.' And occasionally, you see even the worst 'villains' are right in their statements and actions. It just 'pops' out of the 'well' at the end of the day and we all go into reevaluation mode.
I wasn't. Obama chose Biden for several reasons:
Obama and Biden ARE NOT RACISTS.
Nothing wrong with being progressive/socialist. Y'all just make up the Marxist bullshit.
Trolls take all and give nothing of themselves to the good of discussions. It is all too common today to just call liberals "communists" as it was in the days of 'old' (1950-60-70-80-90-2000).
Jasper stop trolling. I know you would like (and a few others it seem) to demote a mixed race man (can't believe I have to go here) of white and black descent into a "mutt" or "mongrel" unworthy of being either white or man but this comment strains incredulity. There is nothing wrong with wanting the best for everybody: Can democrats and republicans and conservatives and liberals stop the BS and RECONCILE ALL f-ING READY?!!
We don't have time for this bull patty! The world is trying to strike off on its own-while we are doing some version of trial 'separation.' We look stupid, slow, and at the end of the day, (after some of us are dead and gone, it is highly probable, that we will still come back to where we left off before 'separation."
Oh, please - me, trolling? That's ridiculous, and my comment history proves it. I've never cared a whit that Obama is bi-racial, so there's no reason for you to "go there" with your accusations.
Do you deny that Obama made racist comments about his white grandmother? He called her "a typical white person". If a white person referred or refers to Obama as "a typical Black man" all hell would break loose! Here ... in his own words and voice ...
Do you also deny Obama's 20+ year close association with his racist, Anti-American pastor, Jeremiah Wright?
You're completely wrong about me so find another target.
And I am a 'typical black person' and there is nothing wrong with it. Do you know that 'typical' is similar to saying 'average'? I mean next you will be telling me that Barack Obama detests his grandmother who helped raise him because well, she was 'worthless' and he despises her 'genes' in him. Can y'all just STOP ALREADY?!!
A tear runs down the face of US Democratic presidential nominee Senator Barack Obama (D-IL) as he speaks about his grandmother who died earlier on Monday, during a campaign rally in Charlotte, North Carolina November 3, 2008. On the eve of Tuesday's US presidential election, Obama's grandmother Madelyn Dunham died after a battle with cancer. [Agencies]
Personal note: My mother is old, really old, and she has a lifelong "disagreement" with SISSIES and grew up calling homosexuals so. To this day, she won't 'cotton' them on her television set, its her 'upbringing' that is clashing with today's reality. Does not mean a thing, in the stream of consciousness as long as she keeps it to herself and don't go around hurint people because of it. She is a 'typical black woman of her 'day.' And yes, I love her for who she is (otherwise).
As far as Jeremiah Wright goes, think what you want. Dr. King had some choice words, heavens so do I, for what happened and continues to happen to Black Americans by whites who SAY they really didn't mean it, or it won't happen again, when all the time some conservatives are pushing to do the same SHIT all over again under the pretense of it never really happened!
Biden has been at least a bigot his whole life and likely an outright racist.
That's an ignorant lie.
so very true, but the "nuh ha" crowd will certainly disagree. Problem is they can never provide any proof of their claims... sigh
Rememer "if you have a problem figuring out if you are for me or Trump then you ain't black" .
And you STILL have not got over that one? People have moved on. He is President in-spite of it. Does not make Trump any better a human being, because he is a devil who won't stop or standdown even for his own good! Biden makes mistakes in judgement and words - that's human. What Trump does is flat out wrong and he chooses to never learn from it. That is unforgiveable at least until he demonstrates some true humility. That is, don't just run amok steam-rolling and flattening people and telling us that is good for the country!
One of Biden's most (in)famous Jim Crow 2.0 one-liners!
Couldn't tell looking around here on NT. Your compadres bring a former POTUS up every other seed (just like you did). You all still push the fantasy on the Jan 6 Protest.
That could changing sooner than you think. Mid-Terms are coming up.
His mistakes have cost US Service members their lives. His mistakes have armed the enemy. His mistakes just send a group of friends back overseas again. He's made racist comments for decades and yet you turn a deaf ear to it.
what's odd is NONE OF YOU have proven anything that he's done wrong. There was a 4 year investigation and nothing. Even a year later, you all are still pushing a fantasy.
So you supply random blogs and whatever other garbage - as proof of your claims???????????????????????????????????
NY Magazine is rated left-wing bias.
Yeah, and?
The point is whether or not you are willing to believe a left wing rag or not after believing most of them and a whole avalanche of late night comedians.
Cut the bull patty. Is Donald Trump in FOX NEWS? Or did Donald sit down and shut his big mouth such that Fox News can't carry anything new he is saying? Answer please or just 'walk away' (again).
You can believe Donald Trump did nothing wrong all you want. You can live in delusion world all you want. You have low-standards and even lower principles all you want. What you can not do is expect me to DIGNIFY that waste my time here casing 'pearls' to be trampled on. As a result, the remainder of your comment I won't bother to address.
Does it really matter to some on here. Some simply outright admit they do not read links providing indisputable proof they are wrong.
Does this sound familiar?
4 year investigation and nothing to show he did anything wrong. Yes you STILL blather on and on that he did something wrong. If he did, file the charges. Time to put up or shut up. Just keep in mind your hurt feelings aren't criminal offenses.
Touche. I guess you told me, eh? Donald Trump's 'end' is not written yet. But it is time-expansive. So I guess we wait and 'watch.' And I know you ain't complaining about hurt feelings when you can't square any good from a democrat. It's not because there is no good there, you just choose not to do it!
There is no longer any real good there outside of a small handful of exceptions.
You've consumed too much partisanship. If I was you, I would push back from the 'table.' Really. I truly believe you think you have a right to control other people's lives and make theirs like your own. It's tragic, actually. I do think there are plenty good conservatives and they are all taking terms standing around the rim of the republican party aperture.
I’m not the one who is on a side that thinks it can guilt shame others who dare to disagree on an issue or issues or question the intelligence of those who believe in certain things or in a certain way that is different than mine
And a word about "white guilt." Listen, the way this goes is history is recorded—then and now. History is shaped in the present. You can stick your head and whole body into the ground or inside a bag, shipping container, or whatever and pretend that facts which happened then or because of some doing tomorrow won't be remembered, or you can positively set out to put forward the best most accurate advantage for yourselves, in this case, republicans-conservatives or democrats-liberals. What you will not be able to do is live in a "utopian" alternative state where the world does not know what REALLY happened in U.S.A.
It would create conspiracies, myths, and worse we will repeat the same old dumb ass mistakes in time and space that caused you to run and hide from a case of white guilt all over again. Better just to own the truthful past truths and do better. Not lie to yourself!
When has lying ever been good for anybody in the long run? And even so, what if the children of today resent being made to relive the past because of delusional ignorance on the part of adults?
BTW, I can't believe I have to write this-the obvious.
Misplaced "white guilt" is for people who cave in to the woke crowd.
I am responsible for MY actions.
I am NOT responsible for actions of others.
People who insist that others feel guilt over things they had no part in are ridiculous and short-sighted idiots.
Again with the "what ifs"? Of course, politicians have to persuade people dead-set or on the fence about their potential to lead to come aboard their campaign (bus). No surprise there. Voting, after all is a numbers game. This is so much noise for noise sake. But, noise is fair game, I guess.